Mortimer J
In this matter, Mortimer J vacated an order for confidentiality with respect to the transcript of proceedings of a closed session on 22 November 2017.
[2] On 22 November the Court heard evidence from Mr Leo Akiba in a closed session. Mr Akiba is the only individual who constitutes the applicant in this proceeding. Pursuant to an order the transcript of those proceedings remained confidential to those who remained in the Closed Court session. Her Honour concluded in these proceedings that the confidentiality order made on 22 November 2017 in relation to the transcript should be vacated.
[14] Mr Akiba and the members of the claim group were invited to speak directly to the Court around the bar table in an informal court session; ‘a practice that which has been commonly adopted in native title case management in Queensland and is useful when there are concerns about the applicant, conduct of the native title procedure or a disagreement. In the present proceeding the issue was that no one who is entitled to speak for the waters of the Part B Sea Claim is a member of the applicant. However, the chairs of the Prescribed Body Corporate (PBC) who represent native title holders from that claim had no official recognised role in the proceeding.’
On 22 November 2017, Mr Akiba gave evidence that he could only speak for his islands: Saibai, Dauan and Boigu and that he could not speak for the other island and therefore could not speak for Part B of the Sea claim and consequently there was an urgent need to reconstitute the applicant. The employed solicitor for the Torres Strait Regional Authority said that there would be practical difficulties in authorising the constitution of a new applicant given the size and diaspora of the claim group and suggested that Mr Akiba should remain the sole applicant until at least April 2018. Mr Akiba subsequently instructed the employed solicitor that he no longer wished for him to act as his legal representative for Part B of the Seas claim and subsequently a notice of ceasing to act was filed later that day.
Proposed orders sought a process for authorising a new applicant for Part B of the Sea Claim to be completed by 29 March 2018. The TSRA did not consent nor oppose the making of such orders.
The closed session to hear evidence from Mr Akiba involved only the Court asking questions to Mr Akiba who is now an elderly man. The Court gave leave to the other parties and legal representatives present to submit any additional questions they wished her Honour to ask Mr Akiba, and it would be within her Honour’s discretion whether or not to put those questions to Mr Akiba.
At the end of the closed session the Court had determined that nothing could occur or be progressed until an authorisation meeting was organised by the three new Indigenous respondents and Mr Akiba via their legal representatives.
[56] The Court vacated the order for confidentiality with respect of the transcript Mr Akiba consented to this course of action and the confidentiality order was vacated.